THE FAMILY COURTS ACT, 1984 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 
FAMILY COURTS 

3.  Establishment of Family Courts. 
4.  Appointment of Judges. 
5.  Association of social welfare agencies, etc. 
6.  Counsellors, officers and other employees of Family Courts. 

CHAPTER III 
JURISDICTION 

7.  Jurisdiction. 
8.  Exclusion of jurisdiction and pending proceedings. 

CHAPTER IV 
PROCEDURE 

9.  Duty of Family Court to make efforts for settlement. 
10.  Procedure generally. 
11.  Proceedings to be held in camera. 
12.  Assistance of medical and welfare experts. 
13.  Right to legal representation. 
14.  Application of Indian Evidence Act, 1872. 
15.  Record of oral evidence. 
16.  Evidence of formal character on affidavit. 
17.  Judgment. 
18.  Execution of decrees and orders. 

19.  Appeal. 

CHAPTER V 
APPEALS AND REVISIONS 

CHAPTER VI 

MISCELLANEOUS 

20.  Act to have overriding effect. 
21.  Power of High Court to make rules. 
22.  Power of the Central Government to make rules. 
23.  Power of the State Government to make rules. 

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THE FAMILY COURTS ACT, 1984 
ACT NO. 66 OF 1984 

[14th September, 1984.] 
An Act to provide for the establishment of Family Courts with a view to promote conciliation in, 
and  secure  speedy  settlement  of,  disputes  relating  to  marriage  and  family  affairs  and  for 
matters connected therewith. 
BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— 

CHAPTER I 
PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Family  Courts  Act, 

1984. 

(2) It extends to the whole of India 1***. 
(3)  It  shall  come  into  force  on  such  date2  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint, and different dates may be appointed for different States. 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  Omitted  by  the  Jammu  and  Kashmir  Reorganization  (Adaptation  of 
Central  Laws)  Order,  2020,  vide  notification  No.  S.O.  1123(E)  dated  (18-3-2020)  and  vide  Union  Territory  of  Ladakh 
Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 
2. This Act shall come into force in— 

(i)Union  territory  of  Andaman  and  Nicobar  Islands  on  19th  November,  1986,vide  notification    No.  79/22/86,  dated  19th 

November, 1986, Gazette of India, Extra., Pt. II, Section 1. 

(ii) Madhya Pradesh on 19thNovember, 1986, vide notification No. 79/6/86, dated 14th November, 1986, Gazette of India, 

Extra., Pt. II, Section 1. 

(iii) Uttar Pradesh on 2ndOctober, 1986, vide notification No. 79/11/86-Jus., dated 4th September, 1986, Gazette of India, 

Pt. II, Section 1. 

(iv)Delhi on 19th November, 1986,vide notification No. S.O. 863(E), dater 18th November, 1986, Gazette of India, Extra., 

Pt. II, Section 3 (ii). 

(v)Maharashtra  on  1stDecember,  1986,  vide  notification  No.  S.O.  944(E),  dated  5th  December,  1986,  Gazette  of  India, 

Extra., Pt. II, Section 3(ii). 

(vi)Karnataka on 25thMay, 1987, vide notification  No. G.S.R. 685(E), dated 15th May, 1987, Gazette of India, Extra., Pt. II, 

Section 3(i). 

(vii)Orissa  on  1st  May,  1989,  vide  notification  No.  S.O.  321(E),  dated  27th  April,  1989,  Gazette  of  India,  Extra,  Pt.  II, 

Section 3(ii). 

(viii)Kerala on 21st October, 1989, vide notification No. 79/5/86, dated 17th October, 1989, Gazette of India, Extra., Pt. II, 

Section 1. 

(ix)Goa  on  16thApril,  1990,  vide  notification  No.  S.O.  328(E),  dated  12th  April,  1990,  Gazette  of  India,  Extra.,  Pt.  II, 

Section 3(ii). 

(x)Union territory of Pondicherry on 1st May, 1987, vide notification No. G.S.R. 459 (E), dated 29th April, 1987, Gazette of 

India, Extra, Pt. II, Section 3(i). 

(xi)West Bengal on 1stNovember, 1991, vide notification  No. 79/12/86-Jus., dated 1st November,  1991, Gazette of India, 

Extra., Pt. II, Section 1 (E). 

(xii)Assam on 2nd October, 1991, vide notification No. 79/2/86Jus., dated 30th November, 1991, Gazette of India, Extra., 

Pt. II, Section 1 (E). 

(xiii)Bihar on 10th December, 1991, vide notification  No. S.O. 838(E), dated 6th December, 1991, Gazette of India, Extra., 

Pt. II, Section 3(ii). 

(xiv)Manipur on 3rdFebruary, 1992, vide notification  No. S.O. 91(E), dated 30th January, 1992, Gazette of India, Extra., Pt. 

II, Section 3(ii). 

(xv)Haryana on 2ndNovember, 1992, vide notification  No. S.O. 784(E), dated 23th October, 1992, Gazette of India, Extra., 

Pt. II, Section 3(i). 

(xvi)Andhra Pradesh on 15thFebruary, 1995, vide notification  No. S.O. 92(E), dated 6th February, 1995, Gazette of India, 

Extra.. Part II, Section 3 (ii). 

(xvii) Gujarat on 1stJanuary, 2000, vide notification No. S.O. 1268(E), dated 20nd December, 1999, Gazette of India, Extra., 

Pt. II, Section 3 (ii). 

(xviii)Union territory of  Daman  and Diu on 10th October, 2003, vide notification  No. S.O. 1161 (E), dated 14th October, 

2003, Gazette of India, Extra., Pt. II, Section 3 (ii). 

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2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “Judge”  means  the  Judge  or,  as  the  case  may  be,  the  Principal  Judge,  Additional  Principal 

Judge or other Judge  of a Family Court; 

(b) “notification” means a notification published in the Official Gazette; 

(c) “prescribed” means prescribed by rules made under this Act; 

(d) “Family Court” means a Family Court established under section 3; 

(e) all other words and expressions used but not defined in this Act and defined in the Code of 
Civil  Procedure,  1908   (5  of  1908)  shall  have  the  meanings  respectively  assigned  to  them  in  that 
Code. 

CHAPTER II 

FAMILY COURTS 

 3. Establishment of Family Courts.—(1) For the purpose of exercising the jurisdiction and powers 
conferred on a Family Court by this Act, the State Government, after consultation with the High Court, 
and by notification,— 

(a) shall, as soon as may be after the commencement of this Act, established for every area in the 

State comprising of city or town whose population exceeds one million, a Family Court; 

(b) may establish Family Courts for such other areas in the State as it may deem necessary. 

(2) The State Government shall, after consultation with the High Court, specify, by notification, the 
local  limits  of  the  area  to  which  the  jurisdiction  of  a  Family  Court  shall  extend  and  may,  at  any  time, 
increase, reduce or alter such limits.  

4.  Appointment  of  Judges.—(1)  The  State  Government  may,  with  the  concurrence  of  the  High 

Court, appoint one or more persons to be the Judge or Judges of a Family Court. 

(2) When a Family Court consists of more than one Judge,— 

(a) each of the Judges may exercise all or any of the powers conferred on the Court by this Act or 

any other law for the time being in force; 

(b) the State Government may, with the concurrence of the High Court, appoint any of the Judges 

to be the Principal Judge and any other Judge to be the Additional Principal Judge; 

(c) the Principal Judge may, from time to time, make such arrangements as he may deem fit for 

the distribution of the business of the Court among the various Judges thereof;  

(d) the Additional Principal Judge may exercise the powers of the Principal Judge in the event of 
any vacancy in the office of the Principal Judge or when the Principal Judge is unable to discharge his 
functions owing to absence,  illness or any other cause. 

(3) A person shall not be qualified for appointment as a Judge unless he— 

(a)  has  for  at  least  seven  years  held  a  judicial  office  in  India  or  the  office  of  a  Member  of  a 

Tribunal or any post under the Union or a State requiring special knowledge of law; or 

(b) has for at least seven years been an advocate of a High Court or of two or more such Courts in 

succession; or 

(c) possesses such other qualifications as the Central Government may, with the concurrence of 

the Chief Justice of India, prescribe. 

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(4) In selecting persons for appointment as Judges,— 

(a) every endeavour shall be made to ensure that persons committed to the need to protect and 
preserve the institution of marriage and to promote the welfare of children and qualified by reason of 
their experience and expertise to promote the settlement of disputes by conciliation and counselling 
are selected; and 

(b) preference shall be given to women. 

(5)  No  person  shall  be  appointed  as,  or  hold  the  office  of,  a  Judge  of  a  Family  Court  after  he  has 

attained the age of sixty-two years. 

(6) The salary or honorarium and other allowances payable to, and the other terms and conditions of 
service  of,  a  Judge  shall  be  such  as  the  State  Government  may,  in  consultation  with  the  High  Court, 
prescribe. 

5. Association of social welfare agencies, etc.—The State Government may, in consultation with the 
High Court, provide, by rules, for the association, in such manner and for such purposes and subject to 
such conditions as may be specified in the rules, with a Family Court of— 

(a) institutions or organisations engaged in social welfare or the representatives thereof; 

(b) persons professionally engaged in promoting the welfare of the family; 

(c) persons working in the field of social welfare; and 

(d)  any  other  person  whose  association  with  a  Family  Court  would  enable  it  to  exercise  its 

jurisdiction more effectively in accordance with the purposes of this Act. 

6. Counsellors, officers and other employees of Family Courts.—(1) The State Government shall, 
in  consultation  with  the  High  Court,  determine  the  number  and  categories  of  counsellors,  officers  and 
other employees required to assist a Family Court in the discharge of its functions and provide the Family 
Court with such counsellors, officers and other employees as it may think fit. 

(2) The terms and conditions of association of the counsellors and the terms and conditions of service 
of  the  officers  and  other  employees,  referred  to  in  sub-section  (1),  shall  be  such  as  may  be  specified 
by rules made by the State Government. 

CHAPTER III 

JURISDICTION 

7. Jurisdiction.—(1) Subject to the other provisions of this Act, a Family Court shall— 

(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil 
court  under  any  law  for  the  time  being  in  force  in  respect  of  suits  and  proceedings  of  the  nature 
referred to in the Explanation; and 

(b)  be deemed,  for the  purposes  of  exercising  such jurisdiction  under  such  law,  to  be  a  district 
court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the 
Family Court extends. 

Explanation.—The suits and proceedings referred to in this sub-section are suits and proceedings of 

the following nature, namely:— 

(a)  a  suit  or  proceeding  between  the  parties  to  a  marriage  for  a  decree  of  nullity  of  marriage 
(declaring  the  marriage  to  be  null  and  void  or,  as  the  case  may  be,  annulling  the  marriage)  or 
restitution of conjugal rights or judicial separation or dissolution of marriage; 

(b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial 

status of any person; 

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(c)  a  suit  or  proceeding  between  the  parties  to  a  marriage  with  respect  to  the  property  of  the 

parties or of either of them; 

(d)  a  suit  or  proceeding  for  an  order  or  injunction  in  circumstance  arising  out  of  a  marital 

relationship; 

(e) a suit or proceeding for a declaration as to the legitimacy of any person; 

(f) a suit or proceeding for maintenance; 

(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access 

to, any minor. 

(2) Subject to the other provisions of this Act, a Family Court shall also have and exercise— 

(a)  the  jurisdiction  exercisable  by  a  Magistrate  of  the  first  class  under  Chapter  IX  (relating  to 
order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 
1974); and 

(b) such other jurisdiction as may be conferred on it by any other enactment. 

8.  Exclusion  of  jurisdiction  and  pending  proceedings.—Where  a  Family  Court  has  been 

established for any area,— 

(a) no district court or any subordinate civil court referred to in sub-section (1) of section 7 shall, 
in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the 
nature referred to in the Explanation to that sub-section; 

(b) no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under 

Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974); 

(c)  every  suit  or  proceeding  of  the  nature  referred  to  in  the  Explanation  to  sub-section  (1)  of 
section  7  and  every  proceeding  under  Chapter  IX  of  the  Code  of  Criminal  Procedure,  1973  (2  of 
1974),— 

(i) which is pending immediately before the establishment of such Family Court before any 
district court or subordinate court referred to in that sub-section or, as the case may be, before any 
magistrate under the said Code; and 

(ii)  which  would  have  been  required  to  be  instituted  or  taken  before  such  Family  Court  if, 
before the date on which such suit or proceeding was instituted or taken, this Act had come into 
force and such Family Court had been established, 

shall stand transferred to such Family Court on the date on which it is established. 

CHAPTER IV 

PROCEDURE 

9.  Duty  of  Family  Court  to  make  efforts  for  settlement.—(1)  In  every  suit  or  proceeding, 
endeavour shall be made by the Family Court in the first instance, where it is possible to do so consistent 
with the nature and circumstances of the case, to assist and persuade the parties in arriving at a settlement 
in respect of the subject-matter of the suit or proceeding and for this purpose a Family Court may, subject 
to any rules made by the High Court, follow such procedure as it may deem fit. 

(2) If, in any suit or proceeding, at any stage, it appears to the Family Court that there is a reasonable 
possibility  of  a  settlement between  the  parties, the  Family  Court  may  adjourn the  proceedings  for such 
period as it thinks fit to enable attempts to be made to effect such a settlement. 

(3) The power conferred by sub-section (2) shall be in addition to, and not in derogation of, any other 

power of the Family Court to adjourn the proceedings. 

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10.  Procedure  generally.—(1)  Subject  to  the  other  provisions  of  this  Act  and  the  rules,  the 
provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in 
force shall apply to the suits and proceedings [other than the proceedings under Chapter IX of the Code of 
Criminal Procedure, 1973 (2 of 1974)] before a Family Court and for the purposes of the said provisions 
of  the  Code,  a  Family  Court  shall  be  deemed  to  be a  civil  court  and  shall  have  all the  powers  of  such 
court. 

(2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal 
Procedure, 1973 (2 of 1974) or the rules made thereunder, shall apply to the proceedings under Chapter 
IX of that Code before a Family Court. 

(3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its 
own  procedure  with  a  view  to  arrive  at  a  settlement  in  respect  of  the  subject-matter  of  the  suit  or 
proceedings or at the truth of the facts alleged by the one party and denied by the other. 

11. Proceedings to be held in camera.—In every suit or proceedings to which this Act applies, the 
proceedings may be held in camera if the Family Court so desires and shall be so held if either party so 
desires.  

12.  Assistance of medical and welfare experts.—In every suit or proceedings, it shall be open to a 
Family  Court  to  secure  the  services  of  a  medical  expert  or  such  person  (preferably  a  woman  where 
available), whether related to the parties or not, including a person professionally engaged in promoting 
the  welfare  of  the  family  as  the  Court  may  think  fit,  for  the  purposes  of  assisting  the  Family  Court  in 
discharging the functions imposed by this Act. 

13.  Right to legal representation.—Notwithstanding  anything  contained in  any  law,  no  party  to a 
suit  or  proceeding  before  a  Family  Court  shall  be  entitled,  as  of  right,  to  be  represented  by  a  legal 
practitioner: 

Provided  that  if  the  Family  Court  considers  it  necessary  in  the  interest  of  justice,  it  may  seek  the 

assistance of a legal expert as amicus curiae. 

14.  Application  of  Indian  Evidence  Act,  1872.—A  Family  Court  may  receive  as  evidence  any 
report, statement,  documents, information or matter that may, in its opinion, assist it to deal effectually 
with  a  dispute,  whether  or  not  the  same  would  be  otherwise  relevant  or  admissible  under  the  Indian 
Evidence Act, 1872 (1 of 1872). 

15.  Record  of  oral  evidence.—In  suits  or  proceedings  before  a  Family  Court,  it  shall  not  be 
necessary to record the evidence of witnesses at length, but the Judge, as the examination of each witness 
proceeds,  shall,  record  or  cause  to  be  recorded,  a  memorandum  of  the  substance  of  what  the  witness 
deposes, and such memorandum shall be signed by the witness and the Judge and shall form part of the 
record. 

16.  Evidence  of  formal  character  on  affidavit.—(1)  The  evidence  of  any  person  where  such 
evidence is of a formal character, may be given by affidavit and may, subject to all just exceptions, be 
read in evidence in any suit or proceeding before a Family Court. 

(2) The Family Court may, if it thinks fit, and shall, on the application of any of the parties to the suit 

or proceeding summon and examine any such person as to the facts contained in his affidavit. 

17. Judgment.—Judgment of a Family Court shall contain a concise statement of the case, the point 

for determination, the decision thereon and the reasons for such decision. 

 18. Execution of decrees and orders.—(1) A decree or an order [other than an order under Chapter 
IX of the Code of Criminal Procedure, 1973 (2 of 1974)], passed by a Family Court shall have the same 
force  and  effect  as  a  decree  or  order  of  a  civil  court  and  shall be  executed  in  the  same  manner  as  is 
prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the execution of decrees and orders. 

(2) An order passed by a Family Court under Chapter IX of the Code of Criminal Procedure, 1973 (2 

of 1974) shall be executed in the manner prescribed for the execution of such order by that Code. 

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(3)  A  decree  or  order  may  be  executed  either  by  the Family  Court  which  passed  it  or  by  the  other 

Family Court or ordinary civil court to which it is sent for execution. 

CHAPTER V 
1[APPEALS AND REVISIONS] 

19. Appeal.—(1) Save as provided in sub-section (2) and notwithstanding anything contained in the 
Code of Civil Procedure,1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in 
any  other  law,  an  appeal  shall  lie  from  every  judgment  or  order,  not  being  an  interlocutory  order,  of a 
Family Court to the High Court both on facts and on law. 

(2)  No  appeal  shall  lie  from  a  decree  or  order  passed  by  the  Family  Court  with  the  consent  of  the 
parties 2[or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974): 

Provided that nothing  in  this sub-section  shall apply  to  any  appeal  pending  before a  High  Court  or 
any  order  passed  under  Chapter  IX  of  the  Code  of  Criminal  Procedure,  1973  (2  of  1974)  before  the 
commencement of the Family Courts (Amendment) Act, 1991 (59 of 1991).] 

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of 

the judgment or order of a Family Court. 

 2[(4) The High Court may, of its own motion or otherwise, call for and examine the record of any 
proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of 
the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, 
legality  or  propriety  of  the  order,  not  being  an  interlocutory  order,  and  as  to  the  regularity  of  such 
proceeding.] 

3[(5)]  Except as aforesaid, no  appeal  or revision  shall  lie to any  court  from  any  judgment,  order  or 

decree of a Family Court. 

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CHAPTER VI 

MISCELLANEOUS 

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20.  Act  to  have  overriding  effect.—The  provisions  of  this  Act  shall  have  effect  notwithstanding 
anything inconsistent therewith contained in any other law for the time being in force or in any instrument 
having effect by virtue of any law other than this Act. 

21. Power of High Court to make rules.—(1) The High Court may, by notification in the Official 

Gazette, make such rules as it may deem necessary for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) normal working hours of Family Courts and holding of sittings of Family Courts on holidays 

and outside normal working hours; 

(b) holding of sittings of Family Courts at places other than their ordinary places of sitting; 

(c) efforts which may be made by, and the procedure which may be followed by, a Family Court 

for assisting and persuading parties to arrive at a settlement. 

1. Subs. by Act 59 of 1991, s. 2, for “Appeals” (w.e.f 28-12-1991). 
2. Ins. by s.2, ibid. (w.e.f. 28-12-1991). 
3. Sub-section (4) renumbered as sub-section (5) thereof by s. 2, ibid. (w.e.f. 28-12-1991). 
4. Sub-section (6) by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020,  vide notification No. 
S.O.  1123(E)  dated  (18-3-2020)  and  vide  Union  Territory  of  Ladakh  Reorganisation  (Adaptation  of  Central  Laws)  Order, 
2020, notification No. S.O. 3774(E), dated (23-10-2020).  

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22. Power of the Central Government to make rules.—(1) The Central Government may, with the 
concurrence of the Chief Justice of India, by notification, make rules prescribing the other qualifications 
for appointment of a Judge referred to in clause (c) of sub-section (3) of section 4. 

(2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it 
is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

23.  Power  of  the  State  Government  to  make  rules.—(1)  The  State  Government  may,  after 

consultation with the High Court, by notification, make rules for carrying out the purposes of this Act. 

(2) In particular and without prejudice to the generality of the provisions of sub-section (1) such rules 

may provide for all or any of the following matters, namely:— 

(a) the salary or honorarium and other allowances payable to, and the other terms and conditions 

of Judges under sub-section (6) of section 4; 

(b)the terms and conditions of association of counsellors and the terms and conditions of service 

of the officers and other employees referred to in section 6; 

(c) payment of fees and expenses (including travelling expenses) of medical and other experts and 
other persons referred to in section 12 out of the revenues of the State Government and the scales of 
such fees and expenses; 

(d)  payment  of  fees  and  expenses  to  legal  practitioners  appointed  under  section  13  as  amicus 

curiae out of the revenues of the State Government and the scales of such fees and expenses; 

(e) any other matter which is required to be, or may be, prescribed or provided for by rules. 

(3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is 

made, before the State Legislature. 

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